People v. Denny

2009 Cal. App. Unpub. LEXIS 10402 (2009)

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Nature of the Case

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Facts

D attempted to rob a fellow customer of $20 at the 'X Spot No. 1' video store in Hollywood. No weapon was used, no one was injured, and the purported victim recovered his money and left the store. D, in pro per, rejected two plea bargains of 8 years, 8 months and 9 years respectively against the advice of his standby counsel. This attempted robbery conviction subjected Denny to a Three Strikes sentence of 25 years to life. D moved the court to exercise its discretion to strike at least two of his three prior serious or violent felony convictions for purposes of the Three Strikes law. The motion was denied. D was sentenced to 25 years to life plus three consecutive 5-year terms for three prior serious felony convictions. D will be 84 years old when he first becomes eligible for parole. D appealed.